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It’s been more than two years since Jesse Shane Kempson was arrested for the murder of British backpacker Grace Millane. But, it was only today that the Auckland man could legally be appointed, the prolonged suppression frustrates many.
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Jesse Kempson’s right to a fair trial on other charges is just one of the reasons his identity was not revealed until now. Source: 1 NEWS
The 28-year-old’s identity was suppressed mainly because of his right to a fair trial for other charges related to two other women. Kempson’s attorneys successfully argued that jurors in those two trials could be swayed if they knew of his murder conviction.
Massey University law professor Chris Gallavin said this was common in New Zealand and abroad.
“The general rule of thumb is that the jury should not be aware of prior convictions, indictments or charges that a person may face, unless those charges are indeed strikingly similar to the charges they are facing,” he said.
However, even when Kempson chose to stand trial by a judge only in his other cases, the deletion of the name remained.
Gallavin said this was due to the possibility that the Millane-related charges could be appealed.
“There could have been a new trial. And if it was a retrial, they didn’t want the public to know that he was facing what was simply a series of charges. “
Before the new charges against Kempson were revealed, the public began to speculate on the reasons for his prolonged name suppression. One statement said that he was the son of a politician and that he was receiving a favor from the judge.
While the courts ruled before Millane’s murder trial that Kempson would maintain the suppression of all her cases until they were determined, with a little googling, her name and photo could be found in the international media where warrants for deletion of names had no effect.
In fact, Google searches for his name peaked around the time of his arrest, again when he was convicted of murder, and again when he was sentenced to life in prison.
Now, questions are being raised about whether a jury should be allowed to know.
“It might be time to look at that again,” Gallavin said.
Gallavin said he was satisfied that the New Zealand courts did not grant the suppression of names too easily. He said he also believed that overseas courts would not have appointed Kempson earlier.
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The name of the Auckland man who murdered the British backpacker can finally be revealed. Source: 1 NEWS
He acknowledged that the deletion of names was frustrating for the public.
“It seems that, as the old adage goes, justice delayed is justice denied. And this has been going on for a long time. But, the end is in sight. “
Kempson was found guilty of Millane’s murder last year and sentenced to life in prison with a minimum period of 17 years without parole.
